|Pages 68-92||Pages 118-137|
| CHAP. XXXVII.*|
An act to authorize the election of certain Vestries.
|I. WHEREAS the members of the Protestant Episcopal Church, residing in many parishes within this commonwealth, have been prevented from carrying into execution an act for incorporating the Protestant Episcopal Church within the period therein limited for the election of vestries, occasioned by the said law not having been sufficiently promulgated, so as to enable the member of the said church to proceed in the execution thereof:||Vestries of Protestant Episcopal church, when elected.|
|II. BE it therefore enacted by the General Assembly, That elections for vestrymen, in manner prescribed by the said recited act, shall be held in all such parishes on Monday in next Easter-week, if fair, if not, on the next fair day. And the said vestries, when elected and qualified, shall have the same powers and authority, and be subject to the like rules and regulations, as other vestries within this commonwealth are by the said act entitled to, governed by, and vested with.|
|I. WHEREAS by an act of assembly, intituled "An act to discharge the people of this commonwealth from the payment of one half of the revenue tax for the year one thousand seven hundred and eighty-five," the||Distress for certain taxes, suspended.|
|* Chapters XXXVII and XXXVIII are repeated in the original.|
|several sheriffs and collectors of taxes are authorized to distrain for the payment of the other half of the tax for the said year, on the first day of September last past; and whereas it appears to this assembly, that many of the citizens of this state have been hitherto unable to make payment thereof, and that it is requisite and necessary to give further time for the payment of so much of the same as may not be at present collected:|
|II. Be it therefore enacted, That the several sheriffs and collectors may continue, not withstanding the commission of such sheriffs or collectors may have expired, to collect the same, but shall not make distress for any part thereof from the passing of this act, until the first day of March next; and the several sheriffs and collectors of the said half tax, shall pay the same into the public treasury, on or before the first day of May; and in default of such payment, shall be liable to judgment, with interest, costs, and damages, according to law, on motion to be made by the solicitor, or other person appointed for that purpose, at the additional session of the general court in the month of June next, or at any session subsequent to such delinquency; ten days previous notice being given of such motion. And whereas it further appears, that the time heretofore appointed for the collection of the revenues of this state, under the act, intituled "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," commences at a period too early in the season to give the people proper opportunity of making sale of the produce of their lands at the full value thereof: For remedy whereof,|
|III. Be it enacted, That the collection of the revenues of this state, arising under the said recited act, except so much as respects the half tax for the year seventeen hundred and eighty-five, shall commence on the first day of November in each year; and the several sheriffs and collectors of taxes, may distrain for the same on the first day of January thereafter, and shall make payment thereof into the public treasury, on or before the first day of April annually; and in default of such payment, shall be liable to a judgment, with interest, costs, and damages, according to law, on motion to be made by the solicitor-general, or other|| |
Collection of taxes, when to commence
|person appointed for that purpose, at any session of the general court, subsequent to such failure; ten days previous notice being given of such motion.|
|IV. And be it further enacted, That it shall and may be lawful for the governor, with advice of council, to direct the solicitor-general to suspend execution upon any judgment which hath heretofore been obtained, or which hereafter may be obtained against any delinquent sheriff or collector, or any other person whatsoever, for public monies in their hands, for any time that may to him, with advice aforesaid, seem reasonable; and also, with the advice aforesaid, to remit the whole or any part of the interest or damages arising on such judgment.||Executive may direct solicitor general to suspend executions against sheriffs; and may remit damages.|
|V. And be it further enacted, That any person chargeable with any part of the half tax for the year seventeen hundred and eighty-five, may in addition to the warrants heretofore admitted by law in payment of the revenue tax, pay the whole or any part thereof in warrants granted, or to be hereafter granted by the auditors of public accounts, for interest due on the loan-office certificates of this state. And whereas the United States in congress assembled, have, by their act of September the twenty-seventh, one thousand seven hundred and eighty-five, made a requisition on the several states in the union, for certain sums therein specified for the services of the current year, and for the discharge of one year's interest on the foreign and domestic debt; and have by the said act, declared that the several legislatures may so model the collection of the sums called for, that one third of any sum being paid in actual money, the other two-thirds may be discharged by the interest due upon loan-office certificates, and upon other certificates of the liquidated debts of the United States;|| Facilities receivable in taxes.|
Warrants of this state.
|VI. Be it therefore enacted, That it shall and may be lawful for any person chargeable with any part of the half tax, for the year seventeen hundred and eighty-five, to make payment of any part not exceeding two-thirds thereof, in certificates issued, or to be hereafter issued, by John Hopkins, esq. commissioner of the continental loan office in this state, for interest due upon loan office certificates, or upon other certificates of the liquidated debts of the United States (or in case of the death, removal from office, or disability of the||U. State's loan-office certificates; or interest warrants issued thereon; or on liquidated debts of U. States.|
|said John Hopkins, by such other person as may be appointed commissioner thereof, to be notified by proclamation of the governor.) And the several sheriffs or collectors, shall be allowed a discount with the treasurer, in their settlement of the said half tax, for all such certificates so by them received; provided such certificates do not amount to more than two-thirds of the sum by such sheriff or collector received in payment of the half tax aforesaid.|
|VII. And be it further enacted, That every sheriff or collector of the said half tax, who shall collect any of the said continental interest certificates, shall before he shall be admitted to make payment of any of the said certificates into the public treasury, exhibit an account on oath, before the court of the county or corporation where such collection shall be made, stating the amount of such certificates by him received in payment of the said half tax, and the names of the persons who have paid the same; which account shall be entered of record, and an attested copy thereof delivered to the said sheriff or collector, to be by him delivered to the auditors of public accounts, previous to his settlement with them, or payment of any of the said interest certificates into the public treasury, and the auditors shall thereupon grant a warrant for the payment of all interest certificates which shall appear by such attested account to have been actually and bona fide received by such sheriff or collector in payment of the said half tax; provided always that such interest certificates shall not exceed two-thirds of the amount of the sum with which such sheriff or collector is chargeable. Nothing herein contained shall be construed to affect the collection of the taxes for the county of Rockingham, for the years one thousand seven hundred and eighty-four, and one thousand seven hundred and eighty-five, so as to require the payment thereof sooner than prescribed by an act of the present session, intituled "An act concerning the taxes due in the county of Rockingham, for the year one thousand seven hundred and eighty-four," but the said act shall be in as full force as if this act had never been made: And so much of every other act, as comes within the purview of this act, shall be, and the same is hereby repealed.||How sheriffs to verify the identical certificates received for taxes.|
| CHAP. XXXIX.|
An act for the sale of certain public lands.
|I. BE it enacted by the General Assembly, That the public lands lying in the counties of York and Elizabeth City, except a point of land in the last mentioned county, called Point-Comfort, shall be, and they are hereby vested in Joseph Prentis, Richard Cary, jun. Wilson Cary, Miles King, Worlich Westwood, and Nathaniel Nelson, gentlemen, commissioners, who, or a majority of them, are hereby authorized and required, to make sale of the same in manner and on conditions herein after prescribed. The said commissioners shall give previous notice of such sale, at least sixty days, in the Virginia Gazette, and dispose of the said lands by public auction, on the premises, to the highest bidder, on the day appointed, if fair, and if not, the next fair day, payable in ready money, or officers or soldiers certificates, as to the commissioners may appear most expedient, previously agreeing among themselves, and publishing to the bidders the par at which certificates will be received in lieu of specie. Upon receipt of the full consideration for the sale of the said lands, the said commissioners, or a majority of them, shall execute conveyances for the same to the purchasers in fee, and pay the money, or certificates, as the case may be, into the public treasury, deducting thereout two per cent. for the trouble of the said commissioners, or such of them as may execute this act.|| Public lands in York and Elizabeth City, except Point-Comfort,
to be sold. |
Mode & terms of sale.
Conveyances to purchasers
|II. And be it further enacted, That the said commissioners, or a majority of them, shall be, and they are hereby authorized and empowered, to sue for and recover all arrears of rent now due from the persons to whom any of the said lands may have been let, and shall account for the same in the like manner, and be entitled to the same commission for their trouble, as is herein before allowed for receiving the purchase money for the said lands.||Arrears of rent, how recoverable.|
|I. BE it enacted by the General Assembly, That where the court of any county hath failed, or shall fail, within the months of June and July annually, to nominate three persons , one of whom to be approved and commissioned by the governor, with the advice of council, as sheriff for the said county, the governor, with the advice of council, may, after the period for nomination hath expired, and no certificate of nomination been received by the executive, proceed to commission some one justice in the commission of the peace for the said county, to execute the office of sheriff within the same. Every person so commissioned sheriff, or commissioned in pursuance of a nomination from the county court, and refusing to accept and execute the office, shall forfeit fifty pounds, to the use of the commonwealth; to be recovered, with costs, on motion by the solicitor, in the general court, giving the party ten days previous notice of such motion; but if the person refusing to act, shall make oath in court, or produce other satisfactory proof, that he hath used his best endeavors truly and bona fide without covin and collusion, to get security for performing the said office, without being able to obtain such security, he shall thereupon be exempted from the penalty, and a new commission issued as in case of vacancy by death.|| Courts failing to nominate sheriffs, executive may
Penalty on sheriff failing to accept the office.
|II. And be it further enacted, That every sheriff hereafter commissioned and qualified as aforesaid, shall be continued in office for one year after his qualification, and may with his own consent, and the approbation of the executive, be continued for two years, and no longer; unless by some accident or impediment a succeeding sheriff shall be prevented from qualifying, in which case the preceding sheriff shall continue to act until a successor shall be qualified according to the directions of this act. Provided always; That no member of either house of assembly shall be liable to any forfeiture or penalty for refusing to accept the said office.||How long sheriff may continue in office.|
|I. WHEREAS the time limited by an act, intituled "An act concerning entries and surveys on the western waters," hath been found too short for the owners of entries to carry the same into actual surveys, and the mode therein prescribed being found inconvenient:||Preamble.|
|II. Be it enacted by the General Assembly, That immediately after the first day of January, in the year one thousand seven hundred and eighty-seven, the principal surveyor of every country on the western waters shall, and he is hereby required, to give notice to all persons claiming land by entry within his county, or to their agents, attornies, or other persons acting in their behalf, either personally, or by affixing the same at the court-house door, or other usual place of holding the courts of the said county on two several court-days, that he will proceed by himself, or one of his deputies, to survey the lands therein mentioned on a certain day which he shall appoint, which day so appointed shall be one month at the least after the notice given or last time of advertising the same. And if any person, or his agent or attorney, as aforesaid, shall fail or neglect to attend the surveyor, with chain-carriers and a person to mark the lines as required by law, on the day appointed for that purpose, such entry shall become void, and the lands liable to be again entered for by any person holding a land warrant; and the surveyor shall return the warrant on which such entry was made, to the person owning the same, or his agent, which may nevertheless be located on any waste or unappropriated lands,|| Surveyors, when & how to give notice to owners of
entries, of intention to survey.|
On failure to attend with chain carriers &c. entries void.
Surveyor to return warrant, but it may be re-located.
|or on the same lands, if not already taken by some other warrant. And the owners of entries already made, shall, on or before the said first day of January, appoint some person within the county where the lands lie, or their agent or attorney, who shall give notice of such appointment to the surveyor, within one month thereafter, or on failure thereof, his entry shall become void. Provided, That nothing in this or any other act shall extend to forfeit or make void any entry claimed by infants, or prisoners in captivity, but that all such persons shall have three years after their several disabilities are removed, to compleat the same: Provided also, That if on the day appointed by the surveyor for the surveying any entry as before directed, he shall be prevented, by accident or other cause, from making the same, such entry shall not, in that case, become void, but the surveyor shall give other notice as often as such cases shall happen. And whereas the principal surveyor of Jefferson county resigned his office in the month of July, in the year one thousand seven hundred and eighty-four, but after such resignation, and before notice thereof could be given ot his office, sundry locations and surveys were made with the deputy, and it is just and reasonable to confirm the same.|| Owners of entries now made to appoint agents.|
Saving to infants, and prisoners in captivity.
|IV. Be it therefore enacted, That all such locations and surveys shall, to all intents and purposes, be good and valid, and shall entitle the persons claiming land under the same to the same preference as they would have had, if no such resignation had taken place.||Locations with deputy surveyor of Jefferson county confirmed.|
|FOR creating a fund in aid of the annual taxes, to discharge the public debt, Be it enacted by the General||On what terms, and in what manner,|
|Assembly, That any person may acquire title to so much waste and unappropriated land, lying within this commonwealth, on the eastern waters, as he shall desire to purchase, on paying the consideration of twenty-five pounds for every hundred acres, and so in proportion for a greater or smaller quantity, and obtaining certificate from the auditor of public accounts in the following manner: The consideration money shall be paid into the hands of the treasurer, who shall give to the purchaser a receipt for the payment, specifying the purpose it was made for, which being delivered to the auditor, he shall give to such person a certificate thereof, with the quantity of land he or she is entitled to, and upon lodging the same in the land office, the register thereof shall grant to such person or persons a warrant, authorizing the surveyor of the county where the land lies to lay off and survey the same therein, under the like fees, rules, regulations, and restrictions, as are directed and prescribed for the issuing, entering, locating, surveying and granting patents on warrants, by the law now in force relative thereto. All fees accruing to the commonwealth, shall be paid into the treasury by the register of the land-office, in the same manner, and under the same penalties, as directed in the act appropriating the fees of the land-office, in aid of the public revenue, and placing the register, his deputies and assistants, on the civil lists; and the said fees, with the money arising on the sales aforesaid, shall be applied by the treasurer in aid of the funds set apart for payment of foreign creditors. Provided nevertheless, That nothing herein contained shall be construed to affect any legal entry made before the passing of this act, nor any pre-emption right to marshes or sunken grounds.|| waste and unappropriated lands on eastern waters may be
Not to affect pre-emption rights to marshes or sunken grounds.
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-one, intituled "An act for adjusting claims for property impressed or taken for public service," which has been continued by several subsequent acts, expired on the first day of August last, and it is expedient that the same should be revived, amended, and continued:||Act for adjusting claims for property impressed for public service, revived and continued.|
|II. Be it therefore enacted, That the said recited act shall be revived, and continue and be in force until the first day of September next, and no longer.|
|III. And be it further enacted, That the auditors shall issue certificates on claims audited by the county courts since the first day of August last, in like manner as if the before recited act had not expired. Provided, That no county court shall be authorized to allow any claim presented tot hem, unless the same originated within such county.|
An act to amend the act concerning pensioners.
|I. WHEREAS the United States in congress assembled, have by their act of the seventh of June last, recommended to the several states to make provision for officers, soldiers, and seamen, who have been disabled in the service of the said United States, in a certain manner in the said act described, and it is expedient and necessary that the same be adopted and carried into effect within this commonwealth; and also, it is||Preamble.|
|found that the laws now in force concerning pensioners, are very defective.|
|II. Be it therefore enacted by the General Assembly, That the auditors of public accounts be, and they are hereby authorized and directed, to make out in a book to be kept for that purpose, on the first day of January, in every year hereafter, a complete list of all officers, soldiers, and seamen, who having served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, who now are or hereafter may be on the pension list. In this list shall be expressed the pay, age, and disability of each invalid; also, the regiment, corps, or ship, to which he belonged, together with the changes which may happen, from year to year. A copy of this list shall annually, as soon as may be, after the day above-mentioned, be transmitted to the executive, who shall transmit a duplicate thereof to the secretary at war, as directed by the act of congress aforesaid.|| Auditors to make out list of pensioners.|
What the lists shall specify.
|III. And be it further enacted, That no officer, soldier, or seaman, who has been disabled in the service of the United States, or of this commonwealth, shall, after the passing of this act, be considered as an invalid, or entitled to a pension, unless he is so disabled as to be incapable of military duty, or of obtaining a livelihood by labour, and can produce a certificate from the commanding officer, or surgeon, of the regiment, ship, corps, or company in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his disability, and that he was thus disabled while in service. All commissioned officers within the aforesaid description, disabled in the service of the United States, or of this commonwealth, in the army, navy, or militia, so as to be wholly incapable of military duty, or of obtaining a livelihood, shall be allowed a yearly pension, equal to half of their pay, respectively; and all commissioned officers, as aforesaid, who shall not have been disabled in so great a degree, shall be allowed a yearly pension, which shall correspond with the degree of their disability, compared with that of an officer wholly disabled. All non-commissioned officers and privates, within the aforesaid description, disabled in either service, as aforesaid, so|| What degree of disability to entitle to a pension.|
Rate of pensions.
|as to be wholly incapable of military duty, or of obtaining a livelihood by labour, shall be allowed a sum not exceeding five dollars per month; and all non-commissioned officers and privates, who shall not have been disabled in so great a degree, shall be allowed such a sum as shall correspond with the degree of their disability, compared with that of a non-commissioned officer or private wholly disabled.|
|IV. And be it further enacted, That the governor, with advice of council, be, and he is hereby authorized and directed, to examine all claimants of pensions, as aforesaid, and upon finding any person to be an invalid, and that he was disabled while in service, to give him a certificate thereof, specifying the regiment, corps, or ship or other vessel, to which he belonged, and whether he was in the service of the United States, or of this commonwealth, when disabled, together with the degree of disability, and the pay to which he is entitled: a duplicate of which certificate, shall be transmitted to the auditors of public accounts, who shall thereupon enter such invalid on the pension list as heretofore. And in case of any claimants being so disabled or remote from the seat of government, as to render a personal attendance there too burthensome and inconvenient, the executive shall upon satisfactory proof thereof, and having sufficient evidence in their opinion, on which to found any certificate directed by this act to be given, grant such certificate, notwithstanding the non-attendance of the claimant.||Power of executive to admit on the pension list.|
|V. And be it further enacted, That the auditors shall, annually, before the last day of march, transmit to the clerks of the several counties in this state, a general list of pensioners; and every pensioner shall, annually, in May or June, apply in person, or if an orphan, by his or her guardian, to the court of the county wherein he or she resided, and exhibit the certificate upon which his or her claim is founded, and make oath that he or she is the person to whom it was given; or where such person shall be unable to attend, he or she shall make the like oath before a magistrate; and the court upon comparing the certificate with the list transmitted from the auditors, and finding it to be right, shall order it to be recorded, and direct the sheriff to pay the pension; a copy of which order shall be given the pensioner: Whereupon the sheriff shall make payment thereof, and take a receipt upon the|| Auditors to transmit lists of pensioners annually to clerks of
Pensioners to be identified before county courts, and paid by sheriffs.
|said order, and be entitled to credit for the same in the settlement of his account with the auditors. And to the end, that all invalids who have heretofore been put on the pension list, may regularly have certificates thereof, and be enabled to conform to the regulations in this act prescribed,|
|VI. Be it enacted, That every such invalid having a certificate, such as is above directed, shall apply to the governor, who, upon examination, and finding the same to be true, shall affix his counter signature thereto; or having no such certificate, shall in like manner make application and obtain one, specifying when he was put on the pension list.||Pension certificates to be countersigned by governor.|
|VII. And be it further enacted, That the executive shall be, and they are hereby authorized, to grant certificates for admission to the pension list, with such allowances as to them shall seem just, the widows and orphans of all officers, soldiers, and seamen, who died in the service of the United States, or of this commonwealth, in the army, navy, or militia, upon certificates from the court of the county in which they reside respectively, of their being widows or orphans of such officers, soldiers, or seamen, as the case may be: Provided, That no allowances shall be made except indigency of circumstances shall render the same necessary. And to the end, that all invalid's widows and orphans who now are or hereafter may be on the pension list, may from time to time have their several allowances, adapted to the degrees of disability of the former, and necessities of the two latter, or dismissed from the said list, when such allowances become no longer requisite;||Executive authorised to place widows and orphans on pension list.|
|VIII. Be it enacted, That all pensioners shall undergo a re-examination, whenever the governor, with advice of council, shall direct; and upon any such re-examination, the executive are hereby authorized and required, to order the allowance of the pensioner to be raised or reduced according to his or her real situation; or in case the allowance shall appear to be no longer necessary, in any degree, to order such pensioner to be struck off from the list altogether.||Pensioners to undergo re-examination, and allowances increased or diminished.|
|IX. And be it further enacted, That the auditors shall make up accounts of all payments which have been or hereafter may be made to invalids for their pensions, to the end of the present year, and ought,||Pensioners properly chargeable to U. States, to be charged|
|according to the principles of this act, to be charged to the United States, and that they charge the same against the quotas of the respective years for which such payments may have been made; and all payments of such pensions for any succeeding year, shall be charged in like manner: Provided, That no greater sum than half the pay of any soldier shall be charged to the account of the Untied States. Every act or resolution of assembly concerning any matter or thing coming within the purview of this act, shall be, and the same is hereby repealed.|| against the quotas.|
Limitation of charge.
An act for the reform of certain public Boards.
|II. Be it enacted by the General Assembly, That from and after the first day of march next, the business of the auditor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of one of the said auditors, assisted by one clerk, to state and bring up all deficiency of public accounts, on the books in the said office books in the said office, striking the balance on every particular, as well as general head of account stated therein, whether it be for or against the public, up to the last day of December, one thousand seven hundred and eighty-five, inclusive, and collecting and arranging in due order, all the receipts, accounts and vouchers touching the same: It shall be the duty of another of the said auditor's, assisted by one clerk, to examine, state, settle, and audit all accounts, claims, or demands whatsoever against the public, arising under any law or resolution of the General Assembly, and to perform all the duties required by the act "For establishing a board of auditors for public account,"* or by any other|| Duties of the 3 auditors specifically defined.|
* See vol. 9, pa. 536.
|act or resolution of general assembly (except as hereafter is provided for) granting to every public claimant, authorized by law to demand the same, a warrant on the treasurer for the sum due, signed with his own hand and name, and attested in the hand and name of his clerk, making due entry and register of all his daily proceedings in books for that purpose, and carefully arranging, filing and preserving in his office, all accounts, receipts, vouchers, and papers touching the same: It shall be the duty to the remaining auditor, assisted by one clerk, to open a new set of public books, commencing on the first day of January, one thousand seven hundred and eighty-six, in which shall be stated a general account for every public fund created by the laws of appropriation, by way of debt and credit, shewing the annual product and application of each, and the balance thereof, on the last day of December in every year, to be transferred to new account; there shall be also stated an account against the treasurer of the commonwealth, with a general account of the revenue of the commonwealth, in which shall be entered the particular amount of all sums of money, or other things received by the said treasurer, or accruing to the revenue, and to which shall be allowed a credit for all warrants drawn on, or payments made out of any particular fund; a general account shall be also raised of the unfunded debt of the commonwealth, shewing the particular species and amount thereof; as also, particular accounts against the sheriffs, escheators, and clerks of the several counties, and other public collectors and against all public debtors whatsoever, to the latter of which shall be transferred, all balances appearing due on the public books, either of the auditor's or solicitor's offices, on the first day of January, one thousand seven hundred and eighty-six.|
|III. And be it further enacted, That from and after the said first day of March, the business of the solicitor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of the said solicitor, assisted by one clerk, to proceed in the completion of the settlement of the account of this commonwealth with the United States, and to collect and arrange all the papers, vouchers and information respecting the same; the said solicitor, assisted as aforesaid, shall also proceed in execution of the duties prescribed||Duties of Solicitor's office|
|by an act "For the more effectual collection of taxes and public dues," or of any other duty relating to his department, prescribed by any act or resolution of general assembly, corresponding the same to the changes hereby made in the auditor's office; and moreover shall call upon and proceed against all public debtors for the balances due to the public.|
|IV. And be it further enacted, That from and after the said first day of March, the treasurer shall state on the books of his office, a general cash account with the commonwealth, shewing the amount of all monies actually received into the treasury, and on what account, whether funded or unfunded, and if the former, to what particular fund; also stating the expenditures and application of the same, and by what authority, preserving his vouchers in due order, and striking as well the general balance as the balance to each particular fund, where funded, once in every three months; and it shall not be lawful for the treasurer to pay away or dispose of any of the public money, without a warrant from the auditor authorized to issue the same, signed and attested in the manner before directed.||Duty of Treasurer.|
|V. And be it further enacted, That from and after the said first day of march, the executive shall have the controul and superintendance of the auditor's and solicitor's offices respectively, as the same are now established by this act, with power to remove any auditor, or the solicitor, for misbehaviour or neglect of duty, and to supply any vacancy in the said offices, during the recess of assembly, subject to their approbation. A committee of the executive, to be by them appointed, shall also have power, and are required, during the recess of the assembly, to visit and examine the said offices in their discretion, and shall report monthly to the executive, in writing, under their hands, the situation of the same, which report shall be entered in the proceedings of that board; and thereupon it shall be lawful for the executive to direct such correspondent changes in the business of the said offices as they shall deem necessary for the better conducting the same, according to the directions of this act, and as soon as the business assigned to the auditor and his clerk, appointed to bring up the deficiency in the public books is performed, to discharge them from the public service; they shall moreover dismiss all clerks from the said||Executive to controul auditors, and solicitor's, offices; with
power to remove.|
Committee of executive to examine offices of auditor and solicitor, and report to executive.
Power of executive to direct changes in business of offices.
|offices respectively, not provided for by this act; and as soon as the business of stating the account of this commonwealth with the United States, assigned to the solicitor, shall be performed, and it shall appear to them that the other duties of the solicitor may, without injury to the public, be transferred to the two remaining auditors and the treasurer, they shall have power, and are required so to do, and to discontinue the said solicitor's office.||To discharge auditor; and discontinue office of solicitor.|
|VI. And be it further enacted, That the executive be empowered and required to discontinue the two commissioners and their clerks, appointed to examine into "all impositions which have happened in the settlement of accounts of the officers and soldiers of the Virginia lines on continental or state establishments, including the navy, with the auditors, for arrearages of pay and depreciation;" and the business and power of the said commissioners shall henceforth be executed and discharged by the present assistant clerk of the council.|| Executive to dismiss commissioners appointed to examine into impositions in
passing public claims.|
Their duties to be performed by assistant clerk of council.
|VII. And be it further enacted, That the executive shall determine upon, and apportion among the auditors, the duties hereby severally assigned them.||Executive to apportion duties among auditors.|
|VIII. Provided always, and be it further enacted, That in case of the sickness or inability of the auditor appointed to audit public claims and issue warrants thereupon, it shall be lawful for the auditor appointed to direct the statement of the public books, and to keep an account with the treasurer, to transact his business, and grant warrants on the treasurer in like manner, and attested by the clerk of the other, as the said auditor of public claims might lawfully do, if present himself.||In case of sickness of one auditor, another to perform his duties.|
|IX. So much of every act and acts of assembly, as comes within the purview and meaning of this act, shall be, and the same is hereby repealed.|
| CHAP. XLVI.*|
An act for dividing the county of Washington.
|BE it enacted by the General Assembly, That from and after the first cay of May next, the county of Washington shall be divided into two distinct counties, that is to say: All that part of the said county lying within a line, to be run along the Clinch mountain to the Carolina line; thence with that line to the Cumberland mountain, and the extent of country between the Cumberland mountain, Clinch mountain, and the line of Montgomery county, shall be one distinct county, and called and known by the name of Russel; and the residue of the said county shall retain the name of Washington. A court for the said county of Russel, shall be held by the justices thereof on the second Tuesday in every month, after the said division shall take place, in such manner as is by law provided for other counties, and shall be by their commissions directed. The justices to be named in the commission of the peace for the said county of Russel, shall meet at the house of William Robinson, in Castles Wood in the said county, on the first court day after the said division takes place, and having taken the oath required by law, and administered the oath of office to, and taken bond of the sheriff, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the center thereof as the situation and convenience will admit of; and shall thenceforth proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think fit. Provided always, That the appointment of a place for holding courts, and of a clerk, shall not be made unless a majority of the justices be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointments aforesaid shall be postponed until some court day when such majority shall be present. It shall be lawful for the governor, with advice of the council, to appoint a person to be first sheriff|| Washington county divided and Russell formed.|
|* Erroneously numbered LXVI in the original.|
|of the said county, who shall continue in office during the term, and upon the same conditions, as is by law directed for other sheriffs. Provided always, That nothing herein contained shall be construed to hinder the sheriff of the said county of Washington from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, but he shall collect, distrain, and account for the same in like manner as if this act had not been made. And the court of the said county of Washington shall have jurisdiction of all actions and suits, in law and equity, which shall be depending before them at the time the said division takes place, and try and determine the same, issue process, and award execution thereon. In all elections of a senator, the said county of Russel shall be of the same district as the said county of Washington.|
|I. WHEREAS it is necessary and expedient that the records and papers upon which the titles to their lands of the citizens of this commonwealth depend, should be kept in the same office; and whereas it hath heretofore been customary to keep the records, documents, and entries of the lands within the district to the Northern Neck in the office of the late proprietor:||Land papers of Northern Neck to be removed into Register's office.|
|II. Be it enacted, That in future all such records, documents, books, and papers, shall be in the keeping of the register of the land office in the city of Richmond, who is hereby appointed keeper of the same; and the executive shall, within three months from the passing||Register appointed keeper of such records, &c.|
|* Erroneously numbered LXVII in original.|
|of this act, cause the said records, documents, books, and papers, to be safely removed from the said proprietary office into the office of the register, who shall give a receipt for the same, which receipt shall be lodged in the council chamber, and recorded in the council books. And the expences incurred by the said removal shall be paid out of the contingent fund.|
|III. And be it further enacted, That every person having title or claim to any land or lands within the Northern Neck, shall, on application, be furnished with an authenticated copy of any record, document, or writing, by the register; and such authenticated copies shall be evidence in all courts of record in which the title or quit-rents of any of the said lands shall at any time be drawn into question. And whereas since the death of the late proprietor, the right honorable Thomas Lord Fairfax, no mode hath been adopted to enable those who had before his death made entries for waste and unappropriated lands in his office, nor to enable those who since his death have made entries within the said district, according to an act of assembly, intituled "An act concerning surveyors," to obtain titles for the same,||Authenticated copies by register, evidence.|
|IV. Be it therefore enacted, That where any surveys have been heretofore made, or hereafter shall be made under entries made in the life of the said proprietor, or under entries made in the life of the said proprietor, or under entries made with the surveyor of any county, under the act of assembly aforesaid, and which have been returned to the said proprietary office, or shall hereafter be returned to the register's office, the register shall make out grants therefor, to bear teste under the hand of the governor and the seal of this commonwealth, in the same manner as is by law directed in cases of other unappropriated lands; and the surveyors with whom such entries have been made, are hereby directed and empowered, to proceed to survey and record the same, and to make return of such survey and record the same, and to make return of such surveys to the register's office, in the same manner, and within the same time, as is or shall be directed in cases of warrants issued for other unappropriated lands within this commonwealth, and thereupon grants shall issue in the manner herein before directed.||Grants, on surveys, founded on entries in the proprietor's office, to be issued by register.|
|V. And be it further enacted, That from and after the passing of this act, the unappropriated lands within the said district shall be subject to the same regulations,||Unappropriated lands in Northern Neck, disposed|
|and granted in the same manner, and all caveats shall be proceeded upon, tried and determined, as is by law directed in cases of other unappropriated lands belonging to this commonwealth.||of as other lands of the commonwealth.|
|VI. And be it further enacted, That upon grants issued under this act, in consequence of entries heretofore made, a composition after the rate of thirteen shillings and four pence for every hundred acres, shall be paid to the register, to be by him accounted for and paid into the public treasury, in the same manner as other monies by him received by virtue of his office; and the surveyors within this commonwealth for the like services.||Composition money, on grants.|
|VII. And be it further enacted, That the land holders within the said district of the Northern Neck shall be forever hereafter exonerated and discharged from composition and quit-rents; any law, usage, or custom, to the contrary notwithstanding.||Land holders in Northern Neck discharged from composition and quit-rents.|
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy-nine, intituled "An act to empower the judges of the general court to superintend and regulate the public jail," will expire at the end of the present session of assembly, and it is expedient and necessary that the same should be continued:||Act empowering judges of general court to superintend & regulate the public jail revived:|
|* Erroneously nubered LXVIII, in the original.|
|II. Be it therefore enacted, That the act, intituled "An act to empower the judges of the general court to superintend and regulate the public jail," shall be, and the same is hereby revived.|
| I. WHEREAS, by the extension of the western boundary between the
state of Pennsylvania and this commonwealth, the greater part of the county of Yohogania has
fallen within the limits of the former, whereby the remainder of the said county is rendered too
small and inconsiderable for a separate county;
II. Be it therefore enacted by the General Assembly, That all that part of the county of Yohogania remaining within the limits of this commonwealth, shall be, and the same is hereby added to the county of Ohio.
|Yohogania county being reduced too small, for a separate county, by the extension of the Pennsylvania line, is added to Ohio.|
|* Erroneously numbered LXIX, in the original.|
|See vol. 11, p. 445.|
|I. WHEREAS the act passed the last session of assembly, intituled, "An act to provide for the more effectual collection of the tax of five shillings per hundred acres on lands granted by patent, and to appropriate the money arising therefrom," has been found partial in its operation:||Acts imposing taxes on lands granted by patent repealed.|
|II. Be it enacted, That the said recited act, and so much of every other act or acts, as imposes the tax of five shillings per hundred acres on lands granted by patent, shall be, and the same is hereby repealed.|
|BE it enacted, That from and after the passing of this act, the treasurer shall receive into the treasury, for taxes or otherwise (German gold excepted, which shall be received at four shillings and ten pence the pennyweight) all such coin as may be tendered in payment, according to its weight, whether the same may be under or over the weights established by law, at the rates fixed by an act of assembly, passed in the year one thousand seven hundred and eighty-two, intituled||Treasurer to receive specie by weight.|
|* Erroneously numbered XL, in the original.|
|"An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," and that all sheriffs, collectors, and others authorized by law to receive monies of the citizens of this commonwealth, to be paid into the public treasury for taxes or otherwise, be directed to receive the same at the rates at which coin is hereby declared to be receivable at the treasury: Provided nevertheless, That this act shall continue, and be in force, until the end of the next session of assembly, and no longer.|
|I. WHEREAS by the act, intituled "An act for clearing and improving the navigation of James river, it is among other things provided that the first subscriptions should not exceed the sum of one hundred thousand dollars, and that no toll should be demanded, excepted in a particular case, before the said river should be rendered capable of being navigated in dry seasons by vessels drawing one foot of water at the from the highest place practicable to the Great Falls: And whereas it hath been represented to the general assembly, that it may be necessary to extend the sum to be subscribed, and to put the depth of the canals in the discretion of the company, and the point to which the navigation is directed to reach, before the demand of the tolls, is by being too vague, a discouragement to adventurers:||Preamble.|
|II. Be it therefore enacted by the General Assembly, That it shall be lawful for the said company, at any general meeting, to extend the shares, so as not to exceed one hundred in addition to those already subscribed, and to proportion the depth of the water in the canals to the depth of the water in the river in dry seasons.||James river company may extend the shares; and reduce depth of canal.|
|III. And be it further enacted, That Crow's ferry, at the mouth of Loony's creek, shall be forever taken and deemed to be the highest place practicable within the meaning of the above recited act. And whereas, it may be found expedient for the said company to borrow money to answer the purposes of their institution,||Crow's ferry declared the highest point of navigation.|
|IV. Be it further enacted, That it shall be lawful for the president and directors to give an interest of six per centum upon all sums of money that shall be lent to them for the carrying on of the work.||Company may borrow money.|
|I. WHEREAS the act of assembly, intituled "An act concerning escheators," does not in its operation extend to the counties in the Northern-neck, and it is necessary that escheators should be appointed in the several counties in that district:||Escheators to be appointed in the Northern Neck.|
|II. Be it therefore enacted, That the aforesaid act of assembly shall be carried into execution, and be in full force in the several counties in the Northern-neck. And the court of each of the said counties is hereby required to recommend to the governor and council, some proper person to be commissioned escheator within such county, on or before the first day of June next; and in case of the failure of such recommendation, it shall be lawful, and the governor is hereby required, to appoint and commission, as soon as may be, an escheator within each of the said counties, who shall be a resident of such county.|
|Pages 68-92||Pages 118-137|